Bush cousin is cleared in officer's death

[Ian David]

By Dave Collins, Associated Press | March 16, 2007

HARTFORD -- A federal appeals court judge who is a cousin of President Bush has been cleared of criminal wrongdoing in an accident that killed a New Haven police officer in October.

John M. Walker Jr., a senior judge on the Second US Circuit Court of Appeals in New York, was driving a sport utility vehicle that struck Officer Dan Picagli while he was directing traffic at a construction site.

New Haven State's Attorney Michael Dearington released a report yesterday saying that there was no evidence of negligence by Walker.

"All witness accounts and information gathered by police through their investigation confirms that there is no evidence of erratic or impaired driving by Mr. Walker," Dearington wrote.

It was dark and raining at the time of the accident, and visibility was limited because of dim street lights, Dearington said. Picagli was standing in the middle of Chapel Street near Academy Street when Walker's SUV struck him on Oct. 17, the report said.

Walker was driving about 25 miles per hour and was briefly distracted by construction activity to his left, Dearington said.

More:
http://www.boston.com/news/local/connecticut/articles/2007/03/16/bush_cousin_is_cleared_in_officers_death/?rss_id=Boston+Globe+--+City%2FRegion+News


See related thread:

Anniversary of day Laura Bush killed Mr. Douglas is Nov 6th
Topic started by IanDB1 on Oct-27-06 11:12 AM (29 replies)
Last modified by IanDB1 on Nov-06-06 08:02 AM
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=106&topic_id=29503

[Demeter]

1. How Many People Has Your Family Killed While Driving?

The gang that couldn't drive straight....

[seriousstan]

13. Are you talking about the Kennedys? Glass houses and all that.

Do we count planes?

I think it is ridiculous to hold a person responsible or ever remotely related to what their cousin does.

[sofa king]

50. If you include Franklin Pierce, I think the BFEE has the edge.

I notice that the Bush crime family has subtly changed Pierce's Wikipedia entry, suggesting that he ran down an old woman "in later life," or after his Presidency. In fact, he did it while drunk, while President, and was arrested for it in Washington, DC.

Like all members of the Bush family, he got away with it.

(Edit: I believe Pierce was actually arrested, or at least threatened with arrest, later in his life--when he declared his sympathies for the Confederacy.)

(Edit 2: It's hard to find an original citation, and Pierce may not have been drunk. The charges were dropped due to "insufficient evidence" according to many sources.)

[knight_of_the_star]

51. They're related?

What's your proof?

[sofa king]

52. My proof is Barbara Pierce Bush.

[Straight Shooter]

2. No evidence of negligence says the report, but they admit he was distracted.

Yeah, I'll buy that. :sarcasm:

[Ian David]

5. He was distracted by a construction site

[Straight Shooter]

8. You are soooo deserving of this ...

:spank:

:P

[Kurovski]

29. Are those giant Werther's caramels in that t-shirt?

They sure don't look like breasts.

[Cha]

41. Our friend from work was just in a

head-on with an SUV and lived to tell about it..but the police gave her the ticket for driving on the center line during a "White Out"! Poor thing..insult to injury. She feels lucky to be alive and not in a wheel chair though.

[buff2]

3. Of course.........

We will NEVER see chimpy or his relatives ever have to pay for ANYTHING they do. Even Jesus Christ got nailed to the cross.....but not this scumbag bunch.

[Bitwit1234]

4. Standing in the middle of the road and he didn't see him.

I used to drive years ago on country roads when it was raining and during thunderstorms and I could always see something if it was in the middle of the road. Wasn't his headlights working. Then he should have parked his car.

[Joe Chi Minh]

44. Yes, imagine allowing yourself to be distracted by a building site, while driving

at night in a poorly-lit road. Not that I've ever heard of a policeman on point duty on a poorly lit road.

[Judi Lynn]

6. Maybe the Bush family is waiting for a formal apology from the victem's family

to cover the failure of the victem to get out of his road soon enough, and spare Walker the public moment of discomfort waiting for a friendly prosecutor in New Haven to claim he's completely not responsible for killing the guy.




John M. Walker Jr.

"How's my driving?"

[Ilsa]

10. Best reply. Would apply to the Cheney family as well. nt

[Demit]

20. Well, he is the judge who got the profuse apologies from Judge Calabresi

Remember this?

Admonition and Apology Over Federal Judge's 'Bush v. Gore' Remarks Found Sufficient
Mark Hamblett New York Law Journal April 13, 2005

An admonition from the chief judge of the 2nd U.S. Circuit Court of Appeals and a public apology by 2nd Circuit Judge Guido Calabresi were found to be an appropriate sanction for a speech given by Calabresi in which he made an "academic" analogy between Bush v. Gore and the use of legitimate institutions by fascist leaders to cement their rise to power.

Acting on a report filed by a special committee charged with investigating complaints about Calabresi for his comments last year at an American Constitutional Society event, the circuit's Judicial Council concluded that his apology -- coupled with his public admonition by Chief Judge John M. Walker -- was an appropriate sanction for violating the proscription in the Canons of Judicial Ethics against political behavior by judges.

Complaints filed against the judge alleged that his speech advocated the defeat of President George W. Bush in November's election; compared Bush to Adolph Hitler and Benito Mussolini; evidenced political "bigotry" or bias; and demonstrated incompetence by disagreeing with the U.S. Supreme Court's decision in Bush v. Gore. ...

Calabresi made his remarks, which he said were intended to address the "deeper structural issue that is at stake in this election," from the floor at a June 19 panel discussion on the implications of the 2000 presidential election. Bush, he said, "came to power as a result of the illegitimate acts of a legitimate institution." ...

 http://www.law.com/jsp/article.jsp?id=1113296711316


The NYT story on this incident helpfully described Judge Walker as "by coincidence President Bush's cousin."

[Judi Lynn]

40. Unbelievable. This IS so obnoxious. Had never heard of this rebuke, and groveling.

Just when you think you've heard everything.....

The _Bush clan has nothing if not massive, loathesome, swaggering audacity.

Walker also has the eviable distinction that allows him, if times get lean politically, the ability to work as a driving instructor.

[fed-up]

7. Dan Picagli was wearing a YELLOW Reflective vest when hit

http://www.nytimes.com/2006/10/20/nyregion/20hit.html?ex=1318996800&en=00e8c23909d6eb28&ei=5090&partner=rssuserland&emc=rss

Officer Is Struck by S.U.V. Driven by a Federal Judge, the Police Say

By ALAN FEUER
Published: October 20, 2006

snip
The officer, Dan Picagli, suffered several fractures and a life-threatening head injury when he was hit about 6:30 p.m. on Tuesday while on an overtime shift directing traffic on a dark, rainy section of Chapel Street, said Bonnie Winchester, a spokeswoman for the New Haven Police Department.

Ms. Winchester said the vehicle that struck him was driven by Judge John M. Walker Jr., a senior judge on the United States Court of Appeals for the Second Circuit in New York. Judge Walker is a cousin of former President George Bush.

Officer Picagli, 38, remained under the care of doctors at Yale-New Haven Hospital, Ms. Winchester said. He was standing on a dimly lighted stretch of Chapel Street in a ]black police raincoat and a yellow reflective vest when Judge Walker’s black Ford Escape sport utility vehicle struck him.

The judge stopped immediately after the accident, Ms. Winchester said, and
officers at the scene determined that there was no reason to administer a field alcohol and drug test.

[WannaJumpMyScooter]

9. We need to keep the Bush family in office

and away from driving, they really suck at it.

[ShortnFiery]

11. Not just driving, Dear Leader broke a Brit Cop's leg when he plowed into him on his bicycle.

:crazy: Amazing what the Political Elites can do *unscathed* by the law ... well they get away with manslaughter at a minimum.
What say you Pickles? How's that ex-boyfriend marinating in his grave? :wow:

[diamidue]

14. Remember Marvin Bush's maid?

About 3 years ago, she was crushed to death by her own car in the driveway of Bush's home.

[City Lights]

26. I remember that, and I'm glad you brought it up. eom

[wordpix]

56. huh? I didn't know that---was maid driving drunk while standing in the driveway?

[appleannie1]

12. excuse me

when you are driving a vehicle, aren't you supposed to keep your eyes on the road instead of gawking at what is going on at a construction site? I routinely am more vigilent in work zones simply because the lanes are narrower.

[petronius]

43. Yeah, really. Isn't "distracted by construction activity" itself evidence

of negligence? I mean, when you're driving, you're supposed to be paying attention to the road. If you're watching construction, you're not doing what you're supposed to. Ergo, you're negligent.

That being said, my bet is that this guy was eased through the system far more by his judge-ship than by his relation to Bush, and the reason the officers at the scene decided drug and sobriety tests were unnecessary was that shiny judicial ID card...

[Occulus]

48. It's more than simple negligence in my state

In MI, if you injure or kill a construction worker (unsure about traffic police) it's worth a $7500 fine and/or jail time- I forget how long.

[UTUSN]

15. Let's K&R this, peeps!!1 n/t

[LiberalFighter]

16. Walker was driving about 25 miles per hour??

Walker was driving about 25 miles per hour?

Who drives 25 miles an hour? Someone is lying and I think it is the police. Stinking police. Worthless police. Bribed police. Did they have their face stuffed with doughnuts?

For clarification... I am making these remarks only about the police involve directly or indirectly with this story.

[WritersBlock]

21. Lying, stinking, worthless, bribed POLICE?

The decision to prosecute or not does not lie with the police. It lies with the State Attorney's office. Maybe someone in that office bowed to outside pressure, but it wouldn't have been the police. I'd bet my life on that.

I have a hunch that the police are pretty damn pissed off about this; in fact, that's something else upon which I'd bet my life without hesitation.

[LiberalFighter]

24. I hope the police are outraged by it.

If those prosecutors were bowing to outside pressure than they should lose their license.

Why wasn't this senior judge given at a minimum a ticket? At best the judge should had been prosecuted for hitting the police officer. I thought offenses against cops warrant more serious charges. But then judges especially senior judges trump the police. There is no excuse.

Would any of us not be prosecuted if we hit a police officer with our car? Wouldn't we be forced to take a sobriety test?

[WritersBlock]

31. I'm with you; I just don't think it was the decision of the police.

Not having seen the scene or any reports, and therefore going only by the article, I would think that a careless driving, or driving too fast for conditions ticket, at the very LEAST, would have been appropriate:

It was dark and raining at the time of the accident, and visibility was limited because of dim street lights, Dearington said. Picagli was standing in the middle of Chapel Street near Academy Street when Walker's SUV struck him on Oct. 17, the report said.

Walker was driving about 25 miles per hour and was briefly distracted by construction activity to his left, Dearington said.

Even if he was doing the speed limit (or "about" the speed limit), that's just the maximum legal speed allowable under perfect conditions. Obviously, the conditions were far less than perfect that night, so he should have adjusted his speed accordingly. Especially since he was going through a construction zone and evidently prone to "distraction."

This whole thing reeks of cronyism. I mean, really... "dim street lights" given as a jusfication? That SUV one of the cheap ones without headlights or something?

That's not even taking into consideration the almost certainty of the officer's wearing of a reflective vest, and probable use of at least a flashlight with a visibility cone on the end of it. And he probably had his patrol car lightbar on, too. Any of which should have been a clue to any responsible driver in the vicinity to slow the hell down.

There may not have been any evidence of "erratic or impaired driving," but there seems to have been plenty of evidence for careless or negligent driving.

Just my .02 & Monday morning quarterbacking.

[Divernan]

30. It was a POLICE decision not to test the judge for drugs/alcohol

nt

[catgirl]

54. Then why didn't they give him a breathalizer test?

I thought that is a norm when someone is seriously injured.
The police determined it was unneccessary. Given the time
the accident (6:30 pm), it is conceivable he might have stopped
in for drinks somewhere after work. Either the police DIDN'T DO THEIR
JOB, or they covered up something.

[Ind4now]

22. Please!

Idiot! I'm sorry, but as a cop I take extreme offense to your remarks! Let me tell you who drives 25, ANYONE OBEYING THE SPEED LIMIT IN A CONSTRUCTION ZONE! Get a clue. I can guarantee you with about a 99.99% certainty that if someone kills a fellow officer, you don't go easy on him! judge or not! You do everything you can to get him.

He was likely not drunk, not driving erratically, and no one is lying.

I will say this, I agree he was obviously negligent and, at the very least, he should be charged with a minor offense of some sort!

I also agree with seriousstan, you can't really blame Bush. I think he got off because he's a judge. I've seen it happen. He needs no other reason!

[tanyev]

25. Thank you, thank you, O Wise, Omniscient Net Nanny

for bestowing your presence upon us, the lowly denizens of DU. You've barely arrived and yet each and every one of your posts is a finger-wagging, head-shaking lecture. What, oh what, would we do without your obviously superior intellectual skills and moral compass? I bow in abject humility before your wise guidance and exclamation points.

[Kerrytravelers]

46. We're also getting life lessons on the Choice board.

Lucky we have the Net Nanny to tell us the way of things.

[JetCityLiberal]

59. You know

it wasn't hard to spot.

[druidity33]

28. as for a minor offense...

What about involuntary manslaughter? Or reckless endangerment?


:shrug:

[Divernan]

32. Interesting you said "LIKELY (emphasis added) not drunk"

Plus other contradictions in your post: "if someone kills a fellow officer, you don't go easy on him! judge or not!" VERSUS "I think he got off because he's a judge. I've seen it happen."

He MAY have gotten off because he's a judge - I've seen several of our local judges, and two sheriffs avoid prosecution because the local police chose not to gather evidence and/or the DA chose not to prosecute. The thing is, it made it a lot easier for him to get off when there was NO breathalyzer test administered. Now I know there are times when a breathalyzer test may give false results - hasn't been calibrated recently; person taking it was on certain Rx drugs which affect the results, etc.; but that's the argument that defense lawyers make. The POLICE and all JUDGES swear by their accuracy. So why wouldn't the judge have REQUESTED a breathalyzer or blood test? Either the JUDGE doesn't trust their accuracy, or he HAD been drinking.

[Ind4now]

49. I say "likely" because...

I was not there, I can't say. No contradiction.

On your second point, I was referring to fellow officers going easy on him, and how unlikely it would be. However, later in the process a judge can get off because he/she is a judge. My comment was referring to the charge some were making that the officers on scene were going easy or letting him off because he is a judge.

And to comment on the fact that most of my posts are negative, I am sorry. I have very little time to look surf the internet and to waist it by posting that I agree with something seems to, well...be a waist of time. I will try to make some time to post that I agree with people.

[JetCityLiberal]

45. Yeah right

but then you think b*sh is supporting the troops now....:puke:

[Ind4now]

53. No,

I never said that. I said he was doing better! Big difference!

[JetCityLiberal]

60. You keep telling yourself whatever you want about the murdering deserter

n/t

[hedgehog]

57. Well, I think your post is worth reading!

Welcome to DU, come on over to the Lounge and chill out a while.

[Ind4now]

61. Thank you,

At first I thought you were being a smart alic. I appreciate the welcome!

[Morgana LaFey]

42. Who drives at 25 mph and more: who DIES at 25 mph????

Somethin' seems pretty fishy to me too.

[catgirl]

55. Good point

It seems it would be easy enough to slam the brakes on
while going so slow. Plus, if he can gawk at a construction
crew, then he can see a policeman wearing a yellow reflective
vest. And no breathalizer test.

[hedgehog]

58. Ever stand next to a Ford SUV?

People wear bike helmets because they can get serious brain injuries falling off bikes at speeds well below 25MPH.

For an even better comparison, run your car into a brick wall at 25MPH and let us know how that works for you.

[rocktivity]

17. But if he WEREN'T erratic, impaired, negligent, or speeding

he shouldn't have hit the officer unless HE were impaired or negligent, right?

:shrug:
rocknation

[w4rma]

18. unbelievable. This is a coverup. (nt)

[Catherine Vincent]

19. If this guy were related to Clinton or Gore, you'd hear more about it

from the conservative news media.

[Ian David]

23. Accountability is for the little people... and Democrats. n/t

[happydreams]

37. Or "Chappaquidick Teddy".

[focusfan]

27. I think The Bush Family

is all one bad apple.they always have trouble with the law or
there in some kind of Scandal or some wrong doings.this family
should keep a low key because they love all the attention.

[leQ]

33. if the case went to an appellate court, the lower court must have done something wrong

the article doesn't say what it was tho.

[sarcasmo]

34. Kick. My money would go on substance abuse running in the family.

[justincase]

35. The cop and the judge

I'd like to recommend two articles that examine this matter in great detail.

For God's Sake, Don't Breathalyze the Judge!
http://earthblog.net/eb-articles/hartman19.html

What Should Be Done with the Judge?
http://www.eyebalm.com/movingtarget/
(For when this one moves down the page, it's the March 6 entry)

Pat Hartman

[Vinca]

36. Bush relative runs down cop directing traffic and there's no negligence??

What am I missing here? At the very minimum it was careless and negligent operation of a motor vehicle and more likely manslaughter.

[Doctor_J]

38. Tha family has killed more people than the Sopranos

yeesh. They can even get away with kill police.

[cassiepriam]

39. Duh.

They don't have to follow the laws.

[GoddessOfGuinness]

47. Judge trumps police officer, police officer trumps average citizen,

Bush relative trumps 'em all.

I've known a few people who were involved in accidents with police cars. Fortunately, nobody was killed in them. But in spite of the fact that the officers were not on call, and there was no evidence of wrongdoing on the part of these average folks, they were found guilty.

[Lilith Velkor]

62. I trump in the general direction of Bush and relatives

Pfeh!